A waiver of moral rights clause is an agreement where the creator of a work relinquishes their right to claim authorship and object to any derogatory treatments or modifications of their work. This clause allows the rights holder more flexibility in altering, using, or commercializing the work without the need for the creator's consent or potential claims of harm to the creator's reputation.
Waiver of Moral Rights. Except to the extent that any such waiver is prohibited by law, Seller hereby waives the benefits of any provision of law known as “moral rights” or any similar law in any country of the world (including under Section 106A of the U.S. Copyright Act of 1976, as amended) and agrees not to institute, support, maintain or permit any action or lawsuit on the ground that any Asset or any version of any Asset used, modified or exploited by Buyer, its assignees or licensees, in any way constitutes an infringement of any of Seller’s moral rights or is in any way a defamation or mutilation of such Asset or any part thereof or contains unauthorized variations, alterations, modifications, changes or translations.
Waiver of Moral Rights. Assignor shall (a) promptly deliver to Assignee all forms and other documents reasonably requested by Assignee to assign, and perfect the assignment of, all rights, title and interest in the Proprietary Software including all Intellectual Property Rights therein or thereto, (b) waive, and hereby does waive, any “moral” rights with respect to the Proprietary Software, including but not limited to rights of attribution and integrity arising from all or any part of the copyrights included in the Proprietary Software, together with all claims for damages and other remedies asserted on the basis of moral rights, and transfers, conveys and assigns unto Assignee any waivers granted to such Assignor of any such moral rights, in each case, to fullest extent permitted by applicable laws, and (c) provide any cooperation and perform any other acts as may be reasonably necessary or appropriate, in the opinion of Assignee’s counsel and at Assignee’s expense, to assign and convey to Assignee all rights, title and interests in the Proprietary Software including all Intellectual Property Rights therein or thereto.
Waiver of Moral Rights. To the extent you may do so under applicable law, you hereby waive and agree never to assert any Moral Rights that you may have in or with respect to any Company Intellectual Property, even after termination of any work on behalf of the Company or its affiliates. As used in this Agreement, “Moral Rights” means any rights to claim authorship of a work, to object to or prevent the modification or destruction of a work, or to withdraw from circulation or control the publication or distribution of a work, and any similar right, existing under any applicable law of any jurisdiction, regardless of whether or not such right is denominated or generally referred to as a “moral right.”
Waiver of Moral Rights. The Executive irrevocably waives, to the greatest extent permitted by law, all of the Executive’s moral rights whatsoever in the Materials, including any right to the integrity of any Materials, any right to be associated with any Materials, and any right to restrict or prevent the modification or use, of any Materials in any way whatsoever. To the extent applicable, the Executive irrevocably transfers to the Company all rights to restrict any violations of moral rights in any of the Materials, including any distortion, mutilation or other modification.
Waiver of Moral Rights. Employee agrees the Company shall not be required to designate Employee as the inventor or author of any Work Product. Employee hereby irrevocably and unconditionally waives and releases, to the extent permitted by applicable law, all of Employee’s rights to such designation and any rights concerning future modifications to any Work Product. To the extent permitted by applicable law, Employee hereby waives all claims to moral rights in and to any Work Product.
Waiver of Moral Rights. Executive agrees that the Company shall not be required to designate Executive as the inventor or author of any Work Product. Executive hereby irrevocably and unconditionally waives and releases, to the extent permitted by applicable law, all of Executive’s rights to such designation and any rights concerning future modifications to any Work Product. To the extent permitted by applicable law, Executive hereby waives all claims to moral rights in and to any Work Product.
Assignment or Waiver of Moral Rights. Any assignment of copyright hereunder (and any ownership of a copyright as a work made for hire) includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights” (collectively “Moral Rights”). To the extent such Moral Rights cannot be assigned under applicable law and to the extent the following is allowed by the laws in the various countries where Moral Rights exist. I hereby waive such Moral Rights and consent to any action of the Employer that would violate such Moral Rights in the absence of such consent.
Waiver of Moral Rights. To the fullest extent permitted by applicable law, Consultant hereby irrevocably and absolutely waives and agrees never to assert any and all Moral Rights (as defined below) that Consultant may have in or with respect to any existing and future Deliverables, during and after the term of this Agreement. “Moral Rights” means any rights under 17 U.S.C. § 106A, any rights to claim authorship of a work, to object to or prevent the modification or destruction of a work, to withdraw from circulation or control the publication or distribution of a work, and any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, regardless of whether or not such right as called or generally referred to as a “moral right.”
Assignment or Waiver of Moral Rights. Any assignment of copyright hereunder (and any ownership of a copyright as a work made for hire) includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights” (collectively, “Moral Rights”). To the extent such Moral Rights cannot be assigned under applicable law and to the extent the following is allowed by the law in the various countries where Moral Rights exist, Employee hereby waives such Moral Rights and consents to any action of the Company that would violate such Moral Rights in the absence of such consent.
A waiver of moral rights is a legal agreement in which the creator of a work (such as an author, artist, or musician) voluntarily relinquishes certain personal rights associated with their creation. These rights, generally known as “moral rights,” may include the right to be identified as the author of the work, the right to object to derogatory treatments of the work, and the right to prevent any distortion or mutilation of the work that might harm the creator’s honor or reputation. Unlike economic rights, moral rights are concerned with the personal and reputational value of a work to its creator.
When should I use a Waiver of Moral Rights?
You should consider using a waiver of moral rights in situations where:
Intellectual Property Transactions: Businesses or individuals acquiring rights to a work might require a waiver to ensure they can modify or use the work without legal repercussions from the original creator.
Collaborative Projects: When multiple parties are involved in a project, a waiver can help streamline creative control and avoid potential conflicts over changes to the work.
Commissioned Work: Entities commissioning work (such as a company hiring a freelance designer) may require a waiver to freely modify or adapt the work for commercial use.
Publishing and Production: Publishers, producers, or distributors may require a waiver to have the flexibility to adapt the work for different formats or marketing strategies.
How do I write a Waiver of Moral Rights?
When writing a waiver of moral rights, consider including the following elements:
Identify the Parties: Clearly state the names of both the creator and the party receiving the waiver.
Describe the Work: Provide a detailed description of the work to which the waiver applies.
Scope of the Waiver: Specify the rights being waived. This can include the right of attribution, the right to object to derogatory treatments, etc.
Intent and Agreement: Clearly state the creator’s intention to waive their moral rights and acknowledge their understanding of the implications.
Signature and Date: Ensure that the waiver is signed and dated by both parties to confirm agreement.
Example
Waiver of Moral Rights I, [Creator’s Name], as the creator of [Description of Work], hereby waive, to the fullest extent permissible by law, all moral rights with respect to this work. I understand that by waiving these rights, [Party Receiving Waiver] may utilize, modify, and adapt the work without any liability for alterations that I might otherwise regard as prejudicial to my honor or reputation.
[Creator’s Signature]
Date: _______________
Which contracts typically contain a Waiver of Moral Rights?
Waivers of moral rights are typically found in various types of contracts, including but not limited to:
Employment Contracts: Agreements where creative work is produced as part of employment duties.
Freelance Agreements: Contracts for commissioned work or services provided by freelance professionals.
Publishing Contracts: Agreements with authors, photographers, or artists regarding the publication of their works.
Production Agreements: Contracts within the film, television, or music industries that involve the creation of content.
Software Development Agreements: Contracts where developers are engaged to create software or digital content.
Including a waiver of moral rights in these contracts can provide clarity and security for the parties involved, ensuring that the work can be used and adapted without concerns over future disputes.
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